Category Archives: Complaints Against Holly Hill PD

Due to sexual and illegal activity in the bathrooms at Ross Point Riverside Park, in the City of Holly Hill Florida, and without any input from citizens tore down the park bathrooms Monday. Where will people go to the bathrooms now? Right up the street to Sunrise Park Continue reading →

Judge Joseph Will was not impressed with the way the Holly Hill Police Department handled the arrest of former Daytona Beach Officer Janet Hawkins. You be the judge!

Judge refused to drop charge even though information about arresting officer had been withheld

BY JAMES HARPER
DAYTONA TIMES

Judge Joseph Will says he was shocked by the behavior of the Holly Hill Police Department in the handling of the arrest of a former Daytona Beach police officer. However, he refused to dismiss charges against Janet Hawkins, sentencing her to 12 months’ probation for resisting arrest without violence. The sentence was for an encounter Hawkins had with two officers of the Holly Hill police force two years ago.

Judge Joseph Will

Will acknowledged that the Holly Hill Police Department did not turn information over to the State Attorney’s office that might have resulted in a different verdict from the jury that found Hawkins guilty.

Hawkins’ attorney Gayle Graziano, a former Volusia County circuit judge, filed a motion on Aug. 19 prior to sentencing for dismissal of the verdict, citing a Brady violation.

Hawkins, 47, of Ormond Beach was arrested by the two Holly Hill officers on Sept. 23, 2009, after she was accused of running a stop sign at high speed. She also is accused of fighting with and injuring the officers.

Evidence withheld

A Brady motion is a defendant’s request for evidence concerning a material witness, which is favorable to the defense and to which the defense may be entitled. Favorable evidence includes not only evidence that tends to exculpate the accused, but also evidence that may impeach the credibility of a government witness.

Janet Hawkins is shown after her arrest by the Holly Hill Police Department.

A Brady violation occurs where the failure to disclose evidence to the defense deprives the defendant of a fair trial.

Will agreed that Graziano was able to prove that evidence was withheld from the State Attorney’s office about arresting officer Romel Scalf.

Arresting officer fired

Graziano found the information on her own about Scalf’s illegal use of a Taser and other information about him while he was a police officer with Holly Hill.

“What we have is Romel Scalf. Look at his history. Thought he was God. When he approaches you, you better follow his order. … You better do what he says or else. Who does he target? They are Black people. He doesn’t do this with White people,” said Graziano about the officer who was fired by the Holly Hill Police Department (HHPD) soon after the arrest of Hawkins because of his actions while with the force.

Graziano told the judge that the “the prosecutor had the obligation to seek justice,’’ stating that the information should have been presented to the defense. “Government held back. Government did not provide us with all information.’’

The judge said the HHPD not providing the information “has nothing to do with the State Attorney’s office. The State Attorney did nothing wrong; the City of Holly Hill did.”

Matter of race?

Graziano later exclusively told the Times that she considered race a factor.

“You know how racist this community is. If she had been a White male, no charges would have been filed.”

However, the judge said during the sentencing: “I think the jury was fairly forgiving. If there is a racial overtone, I didn’t know anything about it,’’ adding that the jury is not asked to consider racial overtones.

“Two persons (who) did not mesh well ran into each other. I think attitudes led to the problem. We have a she-bear and a bully,” elaborated Will, referring to Hawkins and Scalf.

Hawkins said she never resisted arrest.

She was later fired for violating Daytona Beach police policies. Hawkins had been responding to a call from her son, Brandall Hawkins, who had been arrested on a charge of trespassing at an apartment complex. He later was found not guilty by a jury.

Went looking for son

Hawkins, a 15-year veteran of the Daytona Beach police, was off duty while on the way to the Holly Point Apartments parking lot on 15th Street, looking for her 25-year-old son.

“As a mother, I had a right to go to the police station. I didn’t understand. When this is over, I have to look at my son and say there is justice. I was victimized by him (Scalf). I can’t be bitter. My family has suffered enough. How did I get to where I was to where I am? I still believe there is justice.”

Scalf’s side of the story

Scalf, in his arrest report, described how he thought Hawkins was a danger behind the wheel. When she jumped back in her sport utility vehicle after being stopped, Scalf said he tried to place Hawkins under arrest but she resisted.

He and another officer, Walter Melton, used Tasers on Hawkins during her arrest.

Last April, an all-White jury found Hawkins guilty of resisting arrest without violence. Her sentencing was delayed until last week because of a death in Graziano’s family.

“This woman (Hawkins) has been punished enough. She was fired. She was terminated. Why wasn’t she suspended? She has fought racism and sexism. She has been punished more than anybody else. If you’re female, you have to be devastated,” said Graziano.

Attorney: Client probably overreacted

Graziano said she did not understand how the jury could find Hawkins guilty of resisting arrest without violence.

“The officer asked her to remove her vehicle. She was not obstructing traffic; the police officers’ vehicles were obstructing traffic. She parked in a place that was unobstructed. Jury misapplied the law if they thought she did,” said Graziano, who filed an appeal to overturn the verdict.

While doing so, Graziano also withdrew as Hawkins’ attorney because of what she said was an understanding with the former office when she took on the case.

Graziano admitted Hawkins could have probably behaved differently when she was stopped by the police.

“She is like a lot of mothers. She overreacted. When her son is in danger, she goes with vengeance. She was trying to get to the police station. She was familiar with how law enforcement treats young Black men,” added Graziano.

Now after one reads this article, one is left with more questions than answers about the internal affairs of Holly Hill PD. Rommel Scalf had numerous previous complaints over excessive force using a taser gun. Instead of firing him for so many infractions he was instead given a desk job by then Commander Mark Barker, to head the Crime Prevention Community Relations Department. This included the ‘ Explorers’ , a youth group learning about police work. Barker is quoted as saying he ” thrived” in that position. That is until he used excessive force again with a taser gun he was not even allowed to have.

This story is not just a reflection on Rommel Scalf behavior. It draws a bigger picture of of the inner workings and mindset of the top brass in the Holly Hill Police Department. You certainly come away from the article feeling like there were many standards of professionalism not followed at the department for quite some time. I doubt Scalf thought he would even lose his job over it, but it did catch up with him.

This information was suppressed involving Janet Hawkins and Scalf during her trial when he arrested her. Holly Hill was withholding evidence to protect there own as long as they could.

Officer quits after Taser misuse

BY LYDA LONGA, STAFF WRITER

April 29 th 2011

HOLLY HILL — The Holly Hill policeman who scuffled with a Daytona Beach detective he arrested resigned after a string of incidents in which he misused a Taser, according to documents obtained this week.

In the latest incident, former officer Rommel Scalf pressed the trigger of his supervisor’s Taser — while it was still in the corporal’s hand — stunning a domestic violence suspect. But Scalf was not supposed to handle that weapon. Misuse of his Taser in other incidents prompted his supervisors to prohibit him from carrying one, according to Scalf’s internal affairs file.

Scalf, a 13-year Holly Hill officer, shot suspect Troy Foster the first time on a February afternoon. Following that, Scalf yelled for someone to give him a Taser and he shot Foster once in the side and again in the back while the handcuffed man was being led away by another officer, an internal affairs report shows.

Besides shooting a handcuffed suspect three times, Scalf also placed one of his colleagues in danger, the report shows.

Scalf, who resigned from Holly Hill police on March 17, declined comment for this article. But news of his resignation surfaced last week during the one-day trial of former Daytona Beach detective Janet Hawkins. Scalf arrested Hawkins on Sept. 22, 2009, at a traffic stop. Hawkins, 47, is awaiting sentencing on a charge of resisting without violence, a misdemeanor.

Testimony at the Hawkins trial and an internal affairs file at Holly Hill police revealed that the 45-year-old Scalf was not permitted to carry a Taser because of complaints about his use of force in the past.

In 2007, according to his internal affairs file, Scalf deployed his Taser 16 times. After that then-Police chief Don Shinnamon wanted him monitored closely, the internal affairs file shows.

In early 2008, Scalf met with trouble again, however.

On Jan. 12, Scalf blasted a handcuffed suspect with his Taser while the man sat in a patrol car. Scalf also kicked the man and punched him in the abdomen, his internal affairs file shows.

That incident prompted Police Chief Mark Barker — who was a commander at the time — to strip Scalf of his Taser-carrying privilege.

Shortly thereafter, Scalf was placed in the police department’s Crime Prevention Community Relations division, where Barker said Scalf “thrived.”

Then, on Feb. 28, police received the domestic violence call at the Foster residence on 10th Street.

When police arrived at Foster’s home, he had bolted after striking his girlfriend on the chest. The suspect returned to the house then ran back out and Scalf gave chase. As Scalf ran, he tripped on some vegetation and cut his face when he hit the ground. Foster then ran into his home and locked himself in a bathroom.

That’s when Scalf — according to the internal affairs investigation — lost it.

He yelled at Traylor — his supervisor — to “kick in the door,” the report shows. Before the door was opened, Scalf yelled “When you see that mother (expletive deleted) shoot him!”

When the door opened, Foster was not violent; he verbally resisted when Traylor tried to handcuff him. At that Scalf yelled at Traylor: “Shoot that mother (expletive deleted) Jeff!” Traylor pointed his weapon at Foster as he assessed the situation, the report says. But that enraged Scalf even more, the report shows. He then yelled an obscenity at his supervisor.

At that point, Scalf advanced toward Traylor and pulled the trigger on Traylor’s Taser, the internal affairs report shows. A barb penetrated Foster’s torso, the report shows. As the suspect was handcuffed and being led away by Yates, Scalf yelled, “Someone give me a Taser!”

The officer who was leading Foster to the patrol car had to move to avoid getting struck by the Taser’s barb, the report shows.

At the time none of the officers at the scene knew Scalf was not supposed to have a Taser, the report says. It’s not clear whether one of the officers handed him the weapon or Scalf grabbed it, but Scalf was able to shoot Foster in the side as he walked away with Yates.

When Foster suddenly stopped, Scalf shot him again, this time striking him in the back, the report shows.

The officers who witnessed Scalf’s actions were stunned, the report says.

“It appeared to other officers and supervisors present that Officer Scalf was out of control, emotionally unstable and highly agitated during the encounter,” the report says. “His use of the term ‘Shoot that mother (expletive deleted)’ escalated an already tense situation.”

Barker said his officers are supposed to deploy their Tasers only when a person physically resists an officer’s commands.

While he said Scalf was “highly intelligent” and had received several commendations throughout his career with the department, Barker also said he cannot tolerate such behavior.

“His conduct at the scene that day was obviously unacceptable,” Barker said this week.

Even though Officer Rommel Scalf was not allowed to have a taser because of past abuses with using a taser, it looks like Rommel Scalf was allowed to use a taser indirectly by just ordering other officers to do his dirty work. It is outrageous that Daytona Beach police officer Janet Hawkins was tasered. Janet Hawkens claims excessive force was used again by Officer Rommel Scalf. Why did the Chief of Police Mark Barker allow this behavior from his officers for so long? Is this the blue wall of silence at work in the Holly Hill Fl police department?

‘Blue wall of silence’ crumbles

Written by Fcadmin | 28 April 2011

In Janet Hawkins’ resisting arrest case, former officer treated like just another ‘angry’ Black woman

BY JAMES HARPER

DAYTONA TIMES

Janet Hawkins believes there were several factors going against her during her resisting arrest trial last week at the Justice Center in Daytona Beach.

Janet Hawkins

She is Black, female, and she was facing an all-White jury.

Another factor going against her that seemingly should have been in her favor is that she is a former Daytona Beach Police officer.

Unlike what is seen in the movies, the so-called “Blue wall of silence” came tumbling down as one officer after another testified against Hawkins on April 21.

The “Blue wall of Silence” is an unwritten rule among police officers in the United States not to report on another colleague’s errors, misconducts or crimes.

Officers testify

In September 2009, Hawkins was arrested on a felony charge of resisting arrest with violence and misdemeanor charges of resisting arrest without violence and careless driving.

The jury only found her guilty of resisting arrest without violence.

Two of the officers testifying against her were from the neighboring Holly Hill Police Department – Walter Melton and Rommel Scalf. The other officer was Lt. James Newcome from the Daytona Beach Police Department (DBPD).

Hawkins also had officers testifying on her behalf, including retired Sgt. Robert Smiley of DBPD. The officers testifying against her were White while those testifying in her favor were Black.

There are more than 270 police officers with the DBPD, but among spectators in the courtroom, a Daytona Times reporter counted only two DBPD officers who came to support Hawkins.

How it started

Hawkins’ concern for her son on Sept. 22, 2009, was the beginning of her fall from grace.

She was fired Dec. 4, 2009, after almost 15 years with the DBPD.

“The reason they cited was because I was untruthful, professional misconduct, I was arrested and I caused department morale to go down. Even the termination paperwork says ‘No Disciplinary History’ ” Hawkins told the Times this week.

The incident that led to Hawkins’ firing involved her son, Brandall, who was visiting friends at the Holly Point Apartments in Holly Hill on Sept. 22, 2009.

When he arrived at the apartment, a number of his friends, according to testimony, were being harassed and arrested by Holly Hill police officers.

Heeded son’s call

Holly Hill’s Melton was on the scene at the apartment and testified during Hawkins’ trial.

Brandall called his mother who told him to leave the apartment scene. Hawkins testified that she overhead Melton talking to her son before the phone went dead. That worried her so she left her Ormond Beach home to go to the Holly Point Apartments.

Melton said in court that he was told by Brandall that his mom was on her way. The Holly Hill officer also said under cross-examination that Brandall told Melton he didn’t have to tell him sh..”

“I told officers to arrest Brandall Hawkins,’’ said Holly Hill Police Officer Rommel Scalf, who testified that he was asked to assist at Holly Point Apartments by a shift supervisor.

“I didn’t have anything to do with the arrest (of her son),” said Scalf, when asked by the prosecutor during the trial.

Son’s arrest

However, on cross examination by Hawkins’ attorney Gail Graziano, a former Volusia County circuit judge, Scalf changed his testimony and said he did direct officers to arrest Brandall.

“He attempted to incite people. He was talking on the cell phone (to his mother),” Scalf said last week on the witness stand.

But Graziano said to Scalf: “He was exercising his right to free speech.’’

On cross-examination, Scalf admitted he was told that Brandall Hawkins was the son of then officer Janet Hawkins.

Brandall was charged with disorderly conduct, trespassing and obstructing an officer without violence. Last year, a jury found him not guilty on all charges.

Mom followed

After her son’s call, Hawkins went to the Holly Point Apartments to discover that he was not there and that he had been taken to the Holly Hill Police Station.

She drove from 15th Street down Center Street to LPGA Boulevard to get to the Holly Hill station, according to testimony during the trial.

As she was driving, Hawkins said she noticed no lights behind her but she had a hunch a Holly Hill officer was near because as she pulled out of the apartment complex, she noticed a marked police car in the parking lot.

‘Are you serious?’

During cross-examination last week, Scalf said he was following Hawkins with no headlights because she was speeding but said he had no speed detection device in his car. Yet he pulled her over at LPGA and Enterprise Court.

Scalf, who has 17 years experience with Holly Hill, retired on April 1.

He said Hawkins jumped out of a red Ford Explorer and asked: “Are you serious? Are you serious? I can’t believe you are doing this.”

After giving Scalf her license, she headed back to her vehicle and was talking on her cell phone to now retired Sgt. Robert Smiley.

Scalf says he told Hawkins not to walk away from him and asked her to get in her vehicle and follow him to the Holly Hill Police station.

Hawkins said she told him she knew where the station was located and could get their on her own.

“She made the mistake of not obeying Scalf. He throws her down and breaks her cell phone. She is under arrest for not hanging up her cell phone,” Graziano said in court.

Tried to taser

In reference to Hawkins’ identifying herself as a fellow officer, Scalf said: “I gave her the option to follow me to the police station. She wouldn’t listen to me. Just because you say who you are doesn’t mean you are who you say you are.’’

Melton also testified that Hawkins was “angry her son had been arrested.” He was called to the Holly Hill street scene by Scalf and later asked Melton to taser Hawkins.

Hawkins was accused of calling Melton and Scalf “corrupt and rednecks.’’

Graziano told the jury: “Words are not a crime.’’ Graziano also said that when Melton used a taser on Hawkins he did so illegally.

Hawkins’ attorney also got Scalf to admit on the stand that passive or verbal resistance from a suspect doesn’t allow an officer to use a taser.

“The taser was unsuccessful. She had him (Melton) in a wrist lock. I tripped her legs and knocked them both to the ground,” Scalf continued.

Graziano said she learned prior to the trial that Scalf had at least seven complaints for excessive use of force, which the state did not produce as ordered by the judge.

Hawkins will appeal

On the stand, Hawkins denied she resisted arrest.

Hawkins said she knew when Scalf asked her to get back into her vehicle that she had to do so. She stated that when she attempted to do so, she was arrested.

Hawkins said she also recalls Scalf saying, “Your son is a thug and you are a thug.’’

“What good am I to my son if I’m locked up?” Hawkins asked, stating that she has been stopped before by other officers and she knew the routine.

“She had the right to speak loud, cuss, express her opinion to police and not be arrested for it,” Graziano said. “A crime involves conduct, not speech. There is no evidence her speech constituted resistance no matter how offensive speech is to police office.’’

Hawkins said she does plan to fight last week’s misdemeanor resisting arrest verdict.

“I do plan to appeal the verdict I can’t say much more about that. The penalty can be up to a year in jail. As for my job, because it’s a misdemeanor I can fight for the job, but that’s on the back burner,” she added.